Page:Revised Codes of the State of North Dakota 1895.pdf/1409

Public Offenses. ARTICLE 3. - SECURITY TO KEEP THE PEACE.

§ 7764. Complaint for threatening, before whom. A complaint may be laid before any of the magistrates mentioned in section 7885, authorized by law to act within the county or judicial subdivisior. that a person has threatened to commit an offense against the person or property of another.

§ 7765. Complaint defined. A complaint within the meaning of this article, is a statement in writing, made to a magistrate, that a person has threatened to commit an offense against the person or property of another, and subscribed and sworn to by the complainant.

§ 7766. Magistrate must issue warrant. If it appears from such complaint that there is just reason to fear the commission of the offense threatened, by the person complained of, the magistrate must issue a warrant, directed generally to the sheriff of the county, or any constable, or marshal or policeman of the city or town, reciting the substance of the complaint, and commanding the officer forth with to arrest the person complained of, and bring him before such magistrate. § 7767. Procedure when charge controverted. When the person complained of is brought before the magistrate, if the charge is controverted, the magistrate must take testimony in relation thereto. The evidence must on demand of the defendant, be reduced to writing and subscribed by the witnesses.

§ 7768. When accused must be discharged. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged.

§ 7769. When accused must give undertaking. If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking, in such sum, not exceeding one thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to abide the order of the next district court of the county, and in the meantime to keep the peace toward the people of this state, and particularly toward the complainant.

§ 7770. When undertaking is or is not given. If the undertaking required by the last section is given the party complained of must be discharged. If he does not give it the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amount thereof and the omission to give the same.

§ 7771. Accused committed. How discharged. If the person complained of is committed for not giving security, he may upon giving the same, be discharged by any justice of the peace of the county or of the city or township, or by any police magistrate of the county, or by the judge of the county court of the county when authorized to act as a committing magistrate or by the judge of the district court of the county.

§ 7772. Undertaking transmitted to district court. The undertaking must be transmitted by the magistrate to the next district court of the county.

§ 7778. Assault in presence of court. A person who, in the presence of a court or magistrate, assaults or threatens to assault another or commit an offense against his person or property or who 1375